Canadian Refugee Procedure/IRPR ss. 235-243 - Enforcement of Removal Orders

IRPR ss. 235-243

The text of the relevant sections of the Immigration and Refugee Protection Regulations read:

Enforcement of Removal Orders
Not void

235 For greater certainty, and subject to section 51 of the Act, a removal order does not become void by reason of any lapse of time.

Providing copies

236 A person against whom a removal order is made shall be provided with a copy of the order when it is made.

Modality of enforcement

237 A removal order is enforced by the voluntary compliance of a foreign national with the removal order or by the removal of the foreign national by the Minister.

SOR/2016-136, s. 11(F)
Voluntary compliance

238 (1) A foreign national who wants to voluntarily comply with a removal order must appear before an officer who shall determine if

(a) the foreign national has sufficient means to effect their departure to a country that they will be authorized to enter; and

(b) the foreign national intends to voluntarily comply with the requirements set out in paragraphs 240(1)(a) to (c) and will be able to act on that intention.

Choice of country

(2) Following the appearance referred to in subsection (1), the foreign national must submit their choice of destination to the officer who shall approve the choice unless the foreign national is

(a) a danger to the public;

(b) a fugitive from justice in Canada or another country; or

(c) seeking to evade or frustrate the cause of justice in Canada or another country.

Removal by Minister

239 If a foreign national does not voluntarily comply with a removal order, a negative determination is made under subsection 238(1) or the foreign national’s choice of destination is not approved under subsection 238(2), the removal order shall be enforced by the Minister.

When removal order is enforced

240 (1) A removal order against a foreign national, whether it is enforced by voluntary compliance or by the Minister, is enforced when the foreign national

(a) appears before an officer at a port of entry to verify their departure from Canada;

(b) obtains a certificate of departure from the Canada Border Services Agency;

(c) departs from Canada; and

(d) is authorized to enter, other than for purposes of transit, their country of destination.

When removal order is enforced by officer outside Canada

(2) If a foreign national against whom a removal order has not been enforced has departed from Canada and applies outside Canada for a visa, an electronic travel authorization or an authorization to return to Canada, an officer shall enforce the order if, following an examination, the foreign national establishes that they are the person described in the order.

When removal order is enforced by officer in Canada

(3) A removal order against a foreign national is enforced by an officer in Canada when the officer confirms that the foreign national has departed from Canada.

Application of subsections (2) and (3)

(4) For greater certainty, subsections (2) and (3) apply in respect of any removal order made before the day on which those subsections come into force.

SOR/2015-77, s. 7SOR/2016-136, s. 12(F)SOR/2017-214, s. 5SOR/2018-232, s. 1
Country of removal

241 (1) If a removal order is enforced under section 239, the foreign national shall be removed to

(a) the country from which they came to Canada;

(b) the country in which they last permanently resided before coming to Canada;

(c) a country of which they are a national or citizen; or

(d) the country of their birth.

Removal to another country

(2) If none of the countries referred to in subsection (1) is willing to authorize the foreign national to enter, the Minister shall select any country that will authorize entry within a reasonable time and shall remove the foreign national to that country.

Exception

(3) Despite section 238 and subsection (1), the Minister shall remove a person who is subject to a removal order on the grounds of inadmissibility referred to in paragraph 35(1)(a) of the Act to a country that the Minister determines will authorize the person to enter.

SOR/2019-212, s. 11(F)
Mutual Legal Assistance in Criminal Matters Act

242 A person transferred under an order made under the Mutual Legal Assistance in Criminal Matters Act is not, for the purposes of paragraph 240(1)(d), a person who has been authorized to enter their country of destination.

Section 243: Payment of removal costs

Payment of removal costs
243 Unless expenses incurred by Her Majesty in right of Canada have been recovered from a transporter, a foreign national who is removed from Canada at Her Majesty’s expense shall not return to Canada if the foreign national has not paid to Her Majesty the removal costs of
(a) $750 for removal to the United States or St. Pierre and Miquelon; and
(b) $1,500 for removal to any other country.

A foreign national who is removed from Canada at Her Majesty's expense shall not return to Canada if the foreign national has not paid to Her Majesty the removal costs

Section 243 of the Regulation provides that unless expenses incurred by Her Majesty in right of Canada have been recovered from a transporter, a foreign national who is removed from Canada at Her Majesty’s expense shall not return to Canada if the foreign national has not paid to Her Majesty the removal costs. According to the CBSA in 2024, around $497,100 is recovered annually from previously removed individuals who apply to return to Canada. In January 2025, the government announced that the charges would change: while the previous system charged most deportees a flat $1,500 per removal, the new framework will now charge foreign nationals around $12,800 for escorted removals, and just over $3,800 for unescorted removals, regardless of the destination.